Lead Paint - When to Test

[Guest]

I am getting totally confused about the lead paint issue. When are we required to test?
So what's going on?
Is anyone out there testing for lead on remodeling projects? I am interested in hearing from someone who is actually testing on a regular basis. I am also interested in hearing from someone who is doing lead abatement on their jobs after they test.
My next question is who is paying for the abatement? Is the lender (I am assuming HUD may)?
I have spoken to many of my compadres and none of them are testing their jobs. The local Home Builders Association has been vague on the issue. I know that HUD requires testing be done on sales of houses built before 1978.
The type of work we do are kitchens, bathrooms, additions, and commercial tennant improvements.

[Guest]

Re: Lead Paint - When to Test

Where to begin? I'll give it a try. The following is to the best of my knowledge only, I'm not a lawyer but what follows has been gleaned from weeks of reading, research and seminars attended in my other life as a construction manager for Not for Profit agencies.

Testing necessity depends on what your State regulations and project situations are. Current HUD regulations only apply to projects using Federal money that was committed by contract to the receiving agency/sponsor after 9/30/00. You, as a contractor, HAVE been required by federal law since 6/1/99 to provide the homeowner with the phamplet "Protect Your Family Form Lead In Your Home" produced by the EPA in conjunction with HUD and the US Consumer Product Safety Commission.

I've attached the following for availability of the phamplet. I got a double sided copy from them that produces a 16 page 5 1/2 x 8 booklet. I have also incorporated an article in my contract that states the client acknowledges reciept of the phamplet.

ADDRESSES: Single copies of the pamphlet may be obtained by calling the
National Lead Information Clearinghouse (NLIC) at 1-800-424-LEAD or TDD:
1-800-526-5456, or the EPA Public Information Center at (202) 260-2080.

Multiple copies are available through the Government Printing Office
(GPO). The public may order by calling the GPO Order Desk at (202)
512-1800, faxing (202) 512-2233, or writing to Superintendent of
Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. Request the
publication by title, "Protect Your Family From Lead in Your Home,"
and/or GPO stock number 055-000- 00507-9. The price is $26.00 per pack of
50 copies. The Pamphlet may be reproduced by an individual or corporation
without permission from EPA or CPSC.

Organizations that wish to reprint may obtain negatives and/or black
and white reproducible copy from NLIC at 1- 800-424-LEAD. The pamphlet is
available electronically, and may be accessed through the Internet at:
gopher.epa.gov.
ACTION: Notice of availability.

Everybody who is involved in remodeling of pre 1978 housing had better cover their rear-ends. The hysteria surrounding this issue is just beginning and will make asbestos look like spilled milk in comparison when the press and bureaucrats are done with it.

Look for free safe work practices training for your employees at www.leadlisitng.org

Then write your congresspeople and bitch about it.

Oh and by the by, the home owner will be the one footing the bill unless they and you are participating in a HUD CDBG or state equivilent program of some type.

Be Carefull and Good Luck

PS. Talk with your insurance carrier and agent, most contractor policies do not cover lead paint issues.

PPS. Your local Health Dept. may have guidelines
regarding exterior lead paint removal practices, give them a call on the QT without referring to a specific project, also check with the local paint stores.

Go to following websites for much more information. www.leadlisting.org and www.hud.gov:80/lea/lealinks.html

[Guest]

Re: Lead Paint - When to Test

As a newly licensed lead abatement contractor, I'm also a GC, I give you this advise. 1st, check you individual State laws. 2nd, check with your local OSHA. While the HUD guidelines are applicable, you state may be more restrictive. Here in CA the state is, unfortunately most contractors are unaware of it. Reason being lead is through the Health Dept, not the contractors board. And, it appears there in no co-operation between them. Its a territorial imperative issue I guess. A little research can save a big fine from OSHA(up to 25K here in CA). In CA there is also a presumptive clause in the law, so you might be able to use it as back-up for testing.